EDITORIAL: Access laws need a fine for those who ignore public

It was some 15 years ago that eight Indiana newspapers, this one included, sent staff and interns across the state, to counties where they were not recognizable, to do something lawful and simple: ask government officials to show them various public records.

These records included police incident reports, the sheriff's daily log, death records, school board minutes and the salaries of basketball coaches at each county's largest high school. Because Indiana has — and had at the time — an open records law which gives the public access to those records, it should not have been a big deal. Without giving any reasons for their requests, the participants — many of them newspaper reporters, clerks and interns — had an expectation under Indiana law that their requests would be granted.

It should have been simple, but it wasn't. In some cases they were questioned, even intimidated. In some cases they were asked for identification, even though Indiana law says a person requesting a public record does not need to provide a name.

We learned some things from that investigation, presented to the public in a five-part series titled "Open Records, Closed Doors." We learned some people working in Indiana county government offices were not familiar with Indiana's open records law.

We learned other people working in those offices didn't seem to care what the law said — they weren't going to show records to people they did not know. And indeed, their arrogance was strengthened by the fact that Indiana didn't have any provision to punish those who refused to provide public records.

And the law still doesn't have teeth today.

After all these years, some changes have come. As a direct result of that newspaper investigation, Indiana now has a public access counselor who can handle complaints about access to public records and inquiries from the public. The counselor also has a role in educating public officials and the public.

But there is no penalty. In fact, as far back as 1998, some lawmakers attempted to put a $1,000 fine in the law, but it failed. The law does provide that if an Indiana resident challenges a denial of public records in court, and wins, the government office can be made to pay the resident's legal costs. Alas, that payment comes from an office that is funded by tax money, not the official's own pocket.

But that could change this year if legislation introduced in the Indiana House and Indiana Senate becomes law. It would allow for fines of up to $500 on government officials who violate the open records law. It needs to pass.

Indeed, our bet is that when the cash penalty is law, officials who still do not now pay attention to the law will become fast learners.